A close-up look at NYC education policy, politics,and the people who have been, are now, or will be affected by acts of corruption and fraud. ATR CONNECT assists individuals who suddenly find themselves in the ATR ("Absent Teacher Reserve") pool and are the "new" rubber roomers, and re-assigned. The terms "rubber room" and "ATR" mean that you or any person has been targeted for removal from your job. A "Rubber Room" is not a place, but a process.

Congratulations are in order for NYC teacher David Suker, who believed in his right to fight until his name was cleared, and has now firmly put the NYC Department of Education into a pile of already convicted felons charged with corrupt spending of taxpayer money.

I had the honor to assist David in this fight, and participate in helping him hold the NYC DOE Gotcha Squad accountable for their actions. It's been a long time coming, but the result is the right one, for David as well as many other teachers charged with misconduct in NYC and brought to 3020-a or Part 83.

I have been working with David since he was in the NYC rubber rooms about 6 years ago and he was willing to fight for his good name until he won, which he just did, thanks to the ruling by Arbitrator Susan Sangillo Bellifemine, Esq., (pictured at left) one of the best, if not THE best, Arbitrators currently on the NYC rotational panel.

Here is the backstory from David on why he was charged with 3020-a:

"The saga of my current ordeal, the 3 year termination, and subsequent reinstatement by some of the highest courts in New York State, oddly began back in August of 2008 on my way to the Democratic National Convention in Denver to witness history. Barack Obama was being nominated, and as a licensed high school social studies teacher, I wanted to say that I was there. Well that didn't happen. About 100 miles from Denver I was blindsided by an 18 wheeler from behind while riding my Vespa Scooter there from New York City. It's safe to say I was lucky that I escaped with my life, a broken jaw, and some really bad scrapes and nothing more. I took 3 months off to recuperate, but oddly enough, when I came back to teach I was placed in a stairwell, outside of the main office, where my program, GED-Plus was located. At the time I thought this was odd, but I was just glad I was alive and back to making a living. I didn't view this s punishment, but now with hindsight, I see how vindictive this system can be.

The reason I was sitting in the stairwell for over a month and sent back to my site grudgingly to teach my GED students, had nothing to do with my competency, but did have everything to do with my big mouth. You see, my principal, Robert Zweig, was appointed Deputy Superintendent to District 79 a year previous, but that was held up on allegations that he had a liaison with an assistant principal. The investigation took about a year and I'm pretty sure he was cleared, but now he was newly emboldened to go after those teachers he felt responsible for ratting him out.

The previous incarnation of GED-Plus was called OES, or Offsite Educational Services, and that was closed in June of 2007. Principal Zweig was promoted, the teachers had to reapply for their jobs, and we were all very nervous. Few people spoke out, but I did and now I see the price was huge. I was Rubber Roomed for 18 months shortly after being placed back in the classroom in 2009, but charges were never brought. The Rubber Rooms were supposedly closed in June of 2010, and in October I finally went back to teaching. I wasn't sent back to my old site on 145th Street In Harlem where I had previously been so successful, getting over 100 GED's over 3 years in a one teacher site. No, I was sent to a dumping ground for teachers and students alike at Bronx Regional High School, a GED-Plus "Hub" where our 17-21 students were the most disenfranchised in the system. This ESL/Literacy/Pre-GED site was where I was to be kept an eye on by my principal. I know this because I was standing outside my AP's door on my first day there and I overheard his conversation with her.

Things at this new site were not terrible by NYC standards, but even I was surprised at the lack of concern for moving our students along into more advanced programs. All the administration cared about was attendance, and enrollment. At the end of the year I was given a U for 10 absences and a $1,000 fine through an expedited 3020-a process. Most of my 10 absences revolved around the care for my dad who has Parkinson's, but Zweig didn't bother to ask.

Then Occupy happened. I was arrested at the lead of Brooklyn Bridge and 4 more times, of which I plead guilty to one violation, and was found guilty of of another because I ignored the lawful order to get off the bridge. I was happily an "Occupier" and teacher and felt the two could coincide. That thought didn't last very long. At around my third arrest the DoE removed me from the classroom, placed me in a "working" Rubber Room and started a full-on 3020-a termination hearing against me. "

David Suker was charged and terminated by the NYC Department of Education "Gotcha Squad" (see here as well) in 2013 after NYC Administrative Trials Attorney Theresa Europe ("Terrie") asked for an investigation of David's daughter's enrollment in a NYC public school in 2001, more than 10 years earlier. That was a mistake, costing the City more than $1 million in legal fees and another quarter of a million for David's Award. This case should be studied as a test case on why the Gotcha Squad needs accountability. The NYC 3020-a hearing procedure is illegal and corrupt.

Background from David's Opposition to the NYC Law Department Motion To Dismiss his Article 75 Appeal to vacate his termination:

David had several charges when brought to 3020-a in 2012, but the most serious was a charge of fraud after he allegedly intentionally placed his daughter in an Upper West side school despite the fact that he did not give a permanent address in the district, an alleged violation of NYC DOE Chancellor's Regulations A-101. David's daughter entered the school in 2001, after testing into the school just like all the other students entering kindergarten. The only way a teacher can be charged more than 3 years after the event is if the event charged was a crime when committed. In David's case, he was never charged or convicted of any crime in 2001-2002, and this became the biggest error of the Arbitrator, Glanstein, in her award of termination for David after his 3020-a.

The burden was on the Department to prove that Petitioner deliberately wrote an address into his daughter's application for her middle school that was not correct in order to defraud the Respondent and knowingly put his employment at risk. There is not a scintilla of proof that these requirements to find evidence of fraud were present. At the time that Petitioner's daughter applied to her middle school, she was already in the public school system in District 3. In addition, the middle school Petitioner applied to for his daughter, Columbia Secondary School (CSS) required a test, which Petitioner's daughter took and achieved a score which enabled her to get admitted. Children the same age who got similar scores were admitted to CSS from addresses throughout New York City - i.e. Manhattan, Bronx, Brooklyn, Queens, and Washington Heights. There was no requirement at any time that students had to live in District 3.
In 2002 Petitioner was interviewed by investigators of the NYC Department of Education and was asked questions about the addresses he put on his daughter's application to her District 3 elementary school. At that time Petitioner had no permanent address, and his daughter's mother - who lived in the Bronx - did not have any input into the education of her daughter; Petitioner was solely responsible. Both parents resided in the New York City School District as defined under the Chancellor's Regulations. In order for Petitioner to give an address where he could keep in touch with mail from his daughter's school, he gave the investigators the address of where his daughter often stayed during the week - with her friend - as well as where he worked. He never heard back from these investigators and never received any reprimand for his "homeless" status before being charged and brought to 3020-a, where he offered Chancellor's Regulation A-101, limiting charges against a parent for residency errors to just 30 days from the time of application (Verified Petition Ex. 2).

In sum, at no time did anyone at the NYC DOE question Petitioner about his address since September of 2002, at which time he explained his circumstances to the officials at District 3. The investigation, he believed, was dropped. At no time until parent teacher conferences in February 2012 did Petitioner know that CSS had the wrong address for his daughter, who now lives with her mother in the Bronx just like many other students at CSS do. When Petitioner saw that the school still had the former school address of Petitioner's employment in February 2012, he tried to change this, but Petitioner could not obtain proof of the current address for his daughter from her mother. The school kept the address as is, Petitioner's prior employment. At no time prior to February 2012 did anyone, for 11 years, from the NYC DOE, give Petitioner Notice that he was allegedly "lying" to Respondent and that this would lead to charges of fraud and possible termination, and at no time did Petitioner intend to defraud the Respondent.

The conclusion that was reached by Arbitrator Eleanor E. Glanstein, namely that
"The evidence established that Respondent's daughter did not meet the residency requirements for admission to schools in District 3".... (Glanstein decision, p.33, Verified Petition EX. 1) was arbitrary, capricious, unconscionable and shocking because there was no residency requirements for CSS, and when his daughter was admitted to elementary school in District 3 Petitioner had no permanent address but gave this information to the school and the investigators, who accepted his explanation and the address he gave.

Glanstein finished her sentence with "...and Respondent knew she did not meet the requirements." (Glanstein decision p.33)
Who Glanstein was referring to as "she" is unclear. Was she referring to Petitioner's daughter? If so, this is not true as Petitioner's daughter knew nothing about this issue. Is Glanstein referring to Petitioner, and made an error of putting an "s" before "he"? If so, this is untrue as well, as Petitioner did not know that his daughter was subject to District 3 residence requirements that were being violated and that he could be charged and brought to 3020-a for not knowing this.

Similarly, Glanstein's statement that:
"Respondent knowingly and intentionally submitted fraudulent documents to his employer, the Department of Education, over a ten year period"(p. 33) was not a credibility issue but a factual error by Glanstein to deliberately terminate Petitioner without there being any law, regulation or rule to support her conclusion. Petitioner brought up the issue of laches in his Petition (see p.3) and relies on his defense given in his petition, namely that investigators had 30 days from the time of their investigation interview with him in 2002 (Chancellor's Regulation A-101) to charge him with fraud, give him Notice that he had to remove his daughter from her elementary school, or in some way give him Notice that he was committing "fraud" and could lose his job as a teacher because of it if he didnt fix this so-called "harm". No discussion, no final report, no conclusion was ever told to Petitioner until he was charged with 3020-a. Glanstein did not, therefore have the authority to punish Petitioner with termination on these charges submitted by Respondent in this matter.

Eleanor and her sidekicks, Attorneys Steve Friedman (NYSUT) and Nancy Ryan (NYC DOE) created quite a show for me as I watched them terminate so many teachers. Indeed, the teachers who were terminated always gave me her decisions and all of the transcripts, exhibits, etc., so I could really see the lack of evidence. In my opinion, Steve Friedman is the least competent attorney in the NYSUT roster. Nancy Ryan is not on the 3020-a circuit anymore, but she was the most insulting, least professional DOE attorney that I watched over the years 2003-2011. And then there is Eleanor Glanstein, always very polite to me and everyone else, but totally clueless about the UFT contract or Education Law 3020-a - at least, that is my opinion. One teacher charged with 3020-a went the first day of her 3020-a, told Eleanor that she would not be back due to the violation of her due process rights, and then got hold of the voucher that Eleanor submitted to New York State Education Department for $12,594.50. Not a bad salary for 1 1/2 days' work.

"David Suker has been a teacher for 14 years at GED Plus at Bronx Regional Referral Center and has attained tenure. With the exception of having been fined $1000 in 2011 as a penalty for excessive absenteeism, he has had no other disciplinary claims made against him. That was the case until December 21, 2011, when Robert Zweig, Principal of the school where Mr. Suker has taught his entire 14 years, decided that he wanted to terminate Mr. Suker. A hearing was held pursuant to Education Law § 3020-a and a decision was rendered approving the termination; Mr. Suker challenges that decision here....
the school's leadership did not want petitioner Suker to remain there as a teacher. They did not like him or approve of his actions. They believed he was insubordinate, that he did not conduct himself properly, that he was getting arrested too often, and probably that he was not a team player. It is possible that much of that is true. But with the exception of the two episodes involving disruptive students, which had occurred almost three years earlier in 2009 and had not resulted in discipline, no one has claimed that David Suker is not a good and/or effective teacher.
Finally, it should be noted that the conduct spelled out in Charge 3, regarding a false address for his daughter, never involved Suker's own school and never would have been discovered but for the DOE's decision to target Suker to see if an investigation could find something to be used against him, which it did. But that "something" should not be a basis for terminating this tenured teacher, for the reasons already discussed.
Accordingly, it is hereby

ORDERED AND ADJUDGED that the petition is granted to the extent of annulling those portions of ALJ Glanstein's decision which sustained Charge 3 and imposed the penalty of termination, and the matter is remanded to respondent for the imposition of an appropriate lesser penalty in accordance with the terms of this decision.
Dated: July 25, 2013

Index 103742/12
-against-
The New York City Board/ Department of Education,
Respondent-Appellant.

Zachary W. Carter, Corporation Counsel, New York (Julie Steiner of counsel), for appellant.

Eisner & Associates, P.C., New York (Maria L. Chickedantz of counsel), for respondent.

Order and judgment (one paper), Supreme Court, New York County (Alice Schlesinger, J.), entered August 23, 2013, which, in this proceeding brought pursuant to CPLR article 75, granted the petition to vacate a hearing officer 's award to the extent of annulling the portion of the award that sustained the third set of charges against petitioner and imposed the penalty of termination of his employment as a tenured New York City public school teacher, and remanded the matter to respondent New York City Department of Education (DOE) for the imposition of an appropriate lesser penalty, unanimously affirmed, without costs.
There is no evidence in the record to support petitioner' s claims that his due process rights were violated, since he was provided with the third set of charges more than 10 days before he offered testimony with respect to those charges, and he did not object to DOE's request for consolidation of all of the charges against him. Even though DOE did not specify the precise sections of the Penal Law allegedly violated, the allegations in the three specifications fairly apprised petitioner of the basis of the alleged misconduct (see Duncan v New York City Dept. of Educ., 124 AD3d 463, 464 (1st Dept 2015)).
Nevertheless, Supreme Court did not exceed its authority in finding that the third set of charges against petitioner was time-barred. Education Law § 3020-a(l) requires that disciplinary charges against a teacher be brought within three years from the date of the alleged misconduct, unless the alleged misconduct constituted a crime when committed. Petitioner was not required to raise the statutory time limitation set forth in Education Law § 3020-a(l) as a defense in the disciplinary proceeding. Where, as here, "a statute creates a right unknown at common law, and also establishes a time period within which the right may be asserted, the time limit is . . . a condition attached to the right as distinguished from a (s)tatute of (l)imitations which must be asserted by way of defense" (Lincoln First Bank of Rochester v Rupert, 60 AD2d 193, 196 (4th Dept 1977)).
Accordingly, DOE had the burden of establishing that it met the time requirement set forth in Education Law § 3020-a(l) or that the crime exception to the time requirement applied (see Matter of Aronsky v Board of Educ., Community School Dist. No. 22 of City of N.Y., 75 NY2d 997, 999-1000 [1990]) . DOE failed to meet its burden. The record shows that the alleged misconduct, petitioner 's submission of false documentation to DOE in order to improperly obtain his daughter 's admission to DOE schools for which she was not zoned, occurred more than three years before DOE brought the third set of charges against petitioner.
Although DOE requested that the Hearing Officer take judicial notice of two sections of the Penal Law and repeatedly characterized petitioner' s conduct as ft criminal," the Hearing Officer never found that the conduct constituted a crime, and there is no basis for making such a finding. Accordingly, the third set of charges were time-barred.
As the DOE essentially conceded at the disciplinary hearing, the first and second set of charges against petitioner do not support the penalty of terminating petitioner 's employment with DOE. Accordingly, Supreme Court correctly remanded the matter to DOE for the imposition of an appropriate lesser penalty.
THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

The city has lost a four-year, $1 million battle to fire a teacher arrested in the Occupy Wall Street protests.

David Suker, a US Army veteran who taught at-risk youths in The Bronx for 14 years, was removed from the classroom in December 2011. He was charged with riling up students during an NYPD presentation at a school town-hall meeting by complaining he had been roughed up by cops, showing a scar on his head, and exchanging high-fives and fist bumps with teens.

Suker was also charged with failing to immediately report one of his five Occupy Wall Street arrests in Washington Square Park on Nov. 2. He notified the Department of Education three days after getting out of jail.

But now Suker, 47, has won his job back — and $260,000 in back pay.

“I’m no angel, but I’m also a great teacher and a loving father who believes in the founding ideals of this country. I’ve served in the military and I’ve served in public schools for these beliefs. I deserve justice, and I feel now I’ve been vindicated,” he told The Post.

Suker was terminated in August 2012 after the DOE hit him with additional charges of mishandling two unruly students three years earlier, and 11 absences deemed excessive. Suker was the only teacher in a GED program serving troubled students ages 17 to 21, many released from prison, and had an otherwise spotless record.

The DOE also had investigators secretly follow Suker’s 15-year-old daughter from her mother’s Bronx home to a Harlem high school, and interrogate her. Suker, a divorced dad, was accused of falsifying his address to enroll her in schools since kindergarten, although she passed entry exams.

Suker appealed his firing in Manhattan Supreme Court. Judge Alice Schlesinger tossed out the most serious charge, the record falsification, as years too late. She found Suker a good teacher who deserved to be punished, but not fired.

Last week, another arbitrator set his fine at $7,000.

But the case cost the city an estimated $1 million, Suker and his lawyers say. Besides the back pay, the DOE paid Suker for more than two years to sit idle, hired substitutes, and racked up extensive legal expenses.

“The time and resources that the DOE wasted to get a $7,000 fine is completely absurd and outrageous,” said Suker’s lawyer, Maria Chickedantz.

David Suker taught for 14 years at Offsite Educational Services which transitioned into GED Plus, without ever being brought to 3020-a prior to the proceeding described here, namely the 3020-a arbitration hearing, which was brought against him by the New York City Department of Education in 2012. I knew David from the Rubber Room at 25 Chapel Street in Brooklyn, New York. I started walking into this room with David Pakter around 2004, and talked withteachers who were there and followed their stories (see Steve Ostrinand Polo Colon, for example).

David Suker

David Suker was and is an excellent teacher and a cult hero among students. He was a leader of Occupy Wall street, and had a run-in with the police which became misconduct charged against him. He had the very unfortunate circumstance of taking NYSUT's offer of representation, and not hiring a private attorney. NYSUT Assistant General Counsel Claude Hersh appointed Senior Attorney Steven Friedman. Steve worked in a deadly partnership with Attorney Eleanor Elovich Glanstein and DOE prosecuting Attorney Nancy Ryan. Why do I call this threesome "deadly"? Because their goal was to terminate those people brought before them. See the case of Nicola De Marco). Recently, sources tell me, Eleanor Glanstein was fired or removed from the UFT-DOE Panel. Nancy Ryan and Steve Friedman were moved to other Arbitrators. Thank goodness this team was broken up. I was fortunate enough to watch the three of them for several years, and, most recently, see how Nancy Ryan destroyed a Department of Labor Unemployment Hearing in August 2013. More about that in a later post.

Eleanor Glanstein is a very small woman who shrugs off violations of law and contract. She dismisses Nancy Ryan, a constant screamer and hysteric, as part of the order of business. Everything Nancy says is what Eleanor writes in her decision at the end of the 3020-a. Eleanor had a lot of power and was able to get away with her irrational rulings because her brother Larry Elovich was a political Somebody out on Long Island.

The way the Ryan-Friedman-Glanstein termination process worked was as follows: Nancy Ryan would pursue any and all charges with a vengeance that left everyone in the room stunned. Her attacks are personal and vicious, and she continues now, only with a new arbitrator. There are no rules, laws, or contracts that she cares about. Indeed, these are always discarded as wrongly placed barriers to getting to the core of the case, namely, terminating a "criminal" (the poor employee/victim). Nancy must be a very unhappy person to be so malicious. All allegations against a person are "facts", which Nancy defends with her lifeblood. Steve Friedman basically plays along to get along. His defense is the worst of any NYSUT Attorney whom I have observed since I started attending 3020-a hearings in 2003-4. He has none. Steve presents some evidence, but he really would like his client to resign, retire, or go away. He permits, by doing nothing to stop her, Nancy's hysterics. While Steve sits there not doing much of anything and Nancy is screaming that the teacher/employee is criminally insane, Eleanor shrugs off Nancy but almost always terminates the charged employee. Eleanor refuses to concern herself with any issues of probable cause and procedural error. It is good that she is no longer on the panel. No one will miss her....except maybe Nancy.

David was brought up on three sets of charges, the first two sets were unsubstantiated and/or minor, but Eleanor Glanstein found everything charged was valid. Then Steve allowed Nancy and Terri Europe to bring forth a third set of charges about David's daughter's school to which she had been admitted more than 7 years earlier, and Eleanor consolidated this set with the previous two. Former Director of the Administrative Trials Unit, the Gotcha Squad, Theresa ("Terri") Europe, heard from Nancy that David had placed his daughter in an upper west side elementary school and then gave an address for himself which was not supposedly in the district (he did not have a permanent address at the time). According to A-101, the Department of Education had 30 days to investigate. David was not told of any investigation. By the time he was charged with 3020-a, his daughter was in high school, where residence did not matter. David's daughter's mother lived in Bronx the entire time. In other words, this issue was a non-issue.

3020-a charges may go back only 3 years, unless the act charged was a crime when committed. David was not accused of a crime when his daughter started school. Thus, when Nancy told Terri that she had discovered the misconduct of David ten years earlier, Terri told Regina Loughran, Deputy Commissioner of the Special Commissioner of Investigation (SCI) that she wanted an investigation of David, but this violated 3020-a law.

This type of targeting is a violation of law. Yet, Eleanor Glanstein, with Steve Friedman's permission, charged David with the "misconduct" and David was terminated for fraudulently putting his daughter in a school without living in the district of the school.

David asked us at Advocatz to help him appeal this decision. We gladly contributed. At 3020-a, the Department, "Respondent" , had the burden of proof, and failed to provide a minimum amount of evidence that could justify the determination of termination as a just and equitable award. Certainly there was a clear failure to provide "preponderance of the evidence", which is the required standard pursuant to Education Law Section 3020-a.

Glanstein's irrational conclusion was that Petitioner's acts were deliberately planned to throw his long and successful career as a tenured teacher out the window. In other words, Glanstein made a determination reeking of bad faith where she ignored the testimony of David Suker, "Petitioner", that he knew nothing about any residency requirement for Columbia Secondary, and that his satisfactory teaching performance showed he was an excellent teacher, to find that David inexplicably committed fraud on his employer. This made no sense. To be fraudulent, a false statement must be made with the intent to deceive the victim. And, the false statement must be made with the intent to deprive the victim of some legal right, and the victim's reliance on the false statement must be reasonable. Therefore, it would have been reasonable for Columbia Secondary School to question/investigate/address Petitioner's residency within the 30-day period cited in the Regulation, A-101, but not have the NYC DOE Office of Legal Services charge him five(5) years later.

When David filled out the admission forms to Columbia Secondary School for his daughter he gave the address at which he and his daughter were staying in 2007. He did not lie. No one from the school ever questioned him about this address, and the only requirement for the school admissions is that first consideration goes to those students who live above 96th street. Students in the school population come from throughout the New York City area. Here, David never intended any fraud. No misconduct existed then or now, and no notice was given to David about possible wrong-doing, so he could address the issue, until it was "too late", and he was charged by Theresa Europe with 3020-a.

Ms. Europe had no authority, as the Attorney for the Department and Supervisor of the Administrative Trials Unit, to charge David five years after Columbia Secondary accepted his daughter. David invoked the doctrine of laches. From Wikipedia: "Laches is an "unreasonable delay pursuing a right or claim...in a way that prejudices the (opposing) party." When asserted in litigation, it is an equitable defense, or doctrine. The person invoking laches is asserting that an opposing party has "slept on its rights," and that, as a result of this delay, circumstances have changed such that it is no longer just to grant the (Petitioner's) original claim. Put another way, failure to assert one’s rights in a timely manner can result in a claim being barred by laches. Laches is a form of estoppel for delay.

Ironically, while David was charged with filling out erroneous records for his daughter, the Department refused to give him the requested records of the students whose complaints in 2009 led to some of his charges. Here is an excerpt from the transcript:
"Mr. Friedman: Okay, Madam Hearing Officer, pursuant to your previous ruling, I now call for production of any counseling records, disciplinary records, attendance records and anything else that would have been from December of 2008 to April of 2009 and again, pursuant to your prior ruling, I reserve the right to recall this witness in the event that anything in those documents turns up to be material relevant in this case.

Ms. Ryan: I have already asked for those documents, that's what he got...That's the extent of what they have...Yeah, what do you think I asked for. You think I asked them to pick out three papers?" (Transcript, "T" pp. 127-128)

Mr. Friedman: "If I understand correctly, there's absolutely no record of that student being in the program then. Nothing. No test results, no applications, no records that she shows" (T146)
Hearing Officer: "I've heard you both...but I will not strike the student's testimony. The application is denied" (T146-147).

Mr. Friedman: " Then can I respectfully request then that the Hearing Officer take notice that we are very, very hampered in our defense?" (T147)

Glanstein didn't care.

But luckily, New York State Supreme Court Judge Alice Schlesinger did care. She threw out the third set of charges about David's daughter and her admission to the West Side school, and remanded back to the Department for a penalty that was less than termination. Schlesinger mentioned Nancy Ryan in her decision:

"However, in the two-month period between the dates that Mr. Suker was informed of these two Charges, a related but somewhat unusual communication occurred. Nancy Ryan, the attorney prosecuting the matter for the Administrative Trials Unit of the Office of Legal Services (ATU) contacted Theresa Europe, Deputy Counsel to the Chancellor for the
NYC Department of Education, and gave her “interesting” information relating to Mr. Suker’s daughter which Ms. Ryan had noted while preparing the case.*
...Ms. Europe ended her letter: “Can you open an investigation? We are scheduled to start trial but I can try to put it off if your office will investigate. Let me know and thanks.”....The findings from this investigation then formed the predicate for the final Charge, notice of which was sent to Mr. Suker on April 20, 2012, after the 3020-a hearing had begun...I thus find that all of the acts in this Charge, in all three Specifications, are time-barred; because the conduct has not been proven to specifically constitute a “crime when committed,” the acts fall outside the three-year limitations period for disciplinary charges under § 3020-a."

Last week, the New York Law Department filed an Appeal with the Appellate Division. David remains off the payroll until the resolution of this appeal.

See more about Regina Loughran below:

Law and Disorder: Special Victims Unit
Investigators say the city's independent schools watchdog has often failed to bark
Tom Robbins, Village Voice, December 06, 2005LINK

Back in 1997 police arrested a man named Ronald Taylor, who worked as an assistant public school principal in Harlem. Taylor, 50 years old at the time, easily ranked as a parent's worst nightmare. His arrest came after the mother of a student walked into a local police precinct and reported that Taylor had lured her 15-year-old son to his apartment with an offer to play with his video game collection. He then proceeded to sexually molest him. When cops went to investigate they found Taylor had tricked up his West Harlem apartment as a kids' game room. They also found some 400 X-rated videos.

Unlike a score of school-personnel sex-abuse cases from that era, Taylor's arrest got little news play. The Times ran a short item on an inside page and the Daily News carried one as well, on page 79. The lack of attention was partly because the arrest did not emanate from the efficient publicity machine of Edward Stancik, the late special commissioner for investigation for city schools.
For 12 years until his death in 2002, Stancik's gaunt features were a staple on TV newscasts as he told of corrupt bureaucrats and twisted sex abusers nailed by his office. Such cases made Stancik wildly unpopular in the teachers' union offices and the old Board of Education headquarters on Livingston Street in Brooklyn, where he was viewed as a merciless inquisitor, a publicity hound whose investigations were measured mainly for their TV and news-ink potential.

On the other hand, many politicians, journalists, prosecutors, and parents adored him, viewing Stancik as a valiant warrior against an intractable bureaucracy. So what if he knew how to use the media? What better way to send a message to the public and bad guys alike that wrongdoing won't be tolerated? When Stancik died at age 47 of heart failure in March 2002, there were some misgivings expressed about his occasional overzealousness. But the editorial call was to make sure the watchdog office he'd led didn't lose its fangs.

But a few months after Stancik's death, something unusual in the world of law enforcement happened. A former top investigator in his office, an ex-detective who had been a supervisor there for five years, sat down and wrote two lengthy letters to city officials alleging that a top Stancik deputy named Regina Loughran had dropped the ball in several important cases, either delaying arrests or letting the bad guys get away altogether. In some instances, it was alleged, Loughran had changed cases from being "substantiated" to "unsubstantiated."

The complaints were investigated by city attorneys, and several were confirmed. Yet Loughran today remains as powerful as ever, serving as the $151,000 number two official in the special investigators' office. Former and current investigators, both men and women, who spoke under condition of anonymity, told the Voice they were puzzled by the inaction. "If we had caught someone in the education system behaving this way, they'd be long gone," said one former investigator.

Among the cases the investigators cited was that of Ronald Taylor.

According to the former detective and others familiar with the case, nearly a year before Taylor's arrest by police, investigators in Stancik's office had asked permission to launch a probe of the school official. The request was made after a prison social worker contacted the investigations office to say that an inmate was claiming to have been sexually abused by Taylor, his former teacher. Investigators initially dismissed the charge as one more prisoner trying to reduce his sentence. But the details of the story were disturbingly precise: Taylor had asked the student, then 15 years old, to carry a crate of milk up to his apartment. Once he got him inside, Taylor had sexually assaulted him. The inmate described the apartment in detail.

Investigators drove to upstate Green Haven Correctional Facility to interview the inmate, who convinced them that a sexual predator was loose in the schools. The statute of limitations had expired on the earlier assault, but the inmate said he was willing to wear a recording device to a meeting with Taylor to see if he could get him talking about other victims. The investigators relayed that offer to Loughran, then the attorney-in-charge of the child sexual-abuse unit and a key figure in the office. Loughran refused.

"The issue for her seemed to be, 'Why spend the time and money to get this kid out of jail and wire him up for a case that's too old,' " a former investigator told the Voice. "We argued that if we have this one person there are probably others out there at risk."

Loughran was adamant. But the investigators, most of them retired NYPD detectives who lived by chain of command, declined to appeal the decision over her head. The case was closed. Nine months later, the outraged mother of another victim filed her complaint with police. Taylor was immediately arrested and later sentenced to serve up to three years in prison. Under questioning, he said something that chilled both cops and school investigators. He said he was HIV-positive.

Ed Stancik's public posture was of a manager with a stern "the buck stops here" policy. But according to the former detective and others, the often ailing commissioner ceded wide authority to Loughran, a hardworking former sex-crimes prosecutor whose ability to turn out clearly written reports was highly prized by Stancik and his successor.

Investigators said Loughran was also often tempestuous, given to sudden rages and sulks. What made their jobs most difficult, however, was her apparent skittishness about dealing directly with outside prosecutors who were needed for any criminal referrals. "She just seemed intimidated or something," said one veteran ex-detective who worked in the office for years. "If we had a tape we needed to get to the D.A. she would have you drop it off with the officer in the lobby, rather than make a call to the prosecutor personally."

As a result, the investigators said, the case of the predatory assistant principal was just one of the instances in Stancik's old office where the system simply broke down.

There was the case of the art instructor accused of having displayed nude photos of himself to disabled students, confiding that "what a girl wants is a big dick." (The photos weren't found, and Loughran decided the students' testimony was "problematic," ordering investigators to change their findings from "substantiated" to "unfounded." When Board of Ed administrators asked for investigators to testify against the teacher to bar him from further employment, Loughran refused to allow it.)

There was the 48-year-old male teacher who admitted driving a 17-year-old female student to a funeral home parking lot in the Bronx and asking her, "What if I told you I wanted to go down on you?" (The teacher said he was trying to help her learn to fend off improper advances. The principal vouched for the teacher, and the girl later admitted she'd neglected to say they were also drinking beer at the time. Loughran said her testimony was inconsistent and ordered the case dropped.)

And there was Paul Kerner, a 61-year-old teacher at Sheepshead Bay High School who romanced an 11th-grade girl, taking her to Atlantic City casinos and a motel where he coerced her into performing fellatio and other sex acts. The investigator on the case urged Loughran to make a quick criminal referral to prosecutors, but the deputy balked. "I don't know what to do, let's hold off," she said, according to a report of the incident.

The office dithered so long that the victim called the investigator, complaining that Kerner was now stalking her, and asking why he hadn't been arrested yet. The investigator asked Loughran for permission to take the case to a friend at the FBI. Loughran expressed skepticism that the bureau would be interested, but reluctantly agreed. But when the FBI came seeking the backup documents for the case, Loughran balked again, forcing agents to get a grand jury subpoena. (Kerner was eventually convicted in federal court, where he received a 33-month sentence. Annoyed at the investigator who had called the bureau, Loughran allegedly had him transferred out of the sex-crimes unit.)

Yet another disturbing case posed an investigative challenge, one that Stancik's former detectives readily accepted, given the stakes, but which Loughran flat-out rejected. In that instance, a former city high school student, now a grown man and a member of the Army Reserves, called the office to say that his former principal had repeatedly sexually abused him a few years earlier. According to his story, he had been a fatherless youngster whom the principal had taken under his wing, bringing him on camping trips to Lake George and elsewhere where he had repeatedly molested him. On the advice of his therapist, the man had decided to confront and report his abuser. Once he did, the principal immediately resigned.

The Stancik investigators were able to get a consensually recorded telephone conversation in which the principal admitted his sexual abuse of the former student. Like the Ronald Taylor case, however, the acts were too old to prosecute. But investigators said the ex-principal (a Boy Scout troop leader who still lived with his mother) fit the profile of "a classic pedophile," and they believed he had to have preyed on others.

The next step, they proposed to Lough-ran, would be to wire up the ex-student and have him meet with the former principal to see if they could pick up leads on other victims. They would also talk to teachers and students at the principal's school to find out if other boys had been similarly "befriended." Loughran wouldn't hear of it. According to two former investigators, she said, "He is out of the system. Shut it down." (Loughran has denied using those words.)

In an effort to try to breathe new life into the case, one of the investigators reached out to a federal prosecutor he knew who was familiar with sex-crime statutes to ask if there was any other law the ex-principal might have violated. Loughran later said she was "upset" and "embarrassed" by the call, which she said duplicated her own research and had been made without her permission. Investigators said it was much more dramatic than that. "She was livid," said one of them. When the investigator was asked why the call had been made, he responded: "Because I'm trying to catch the son of a bitch."

According to the investigators, Lough-ran retaliated by shifting one of the two probers who had worked the case, considered one of the office's most productive teams, out of the sex unit. Loughran later insisted the assignment change had been made by Stancik, not her.

But it still wasn't over. The former principal, concerned at possible civil liabilities, offered to purchase a $250,000 house for the victim in exchange for a promise not to pursue further legal action. When Loughran learned of the offer, she allegedly said that the victim might be arrested for extortion, a suggestion that appalled the investigators. (As it happened, the deal fell through.)

"He had been a principal for 20 years, he had such power," said one of the investigators recently. "All he had to do was find another weak kid. We felt there had to be other victims. It was so egregious to shut it down. Pedophiles don't do it once and then go home. You don't have to be Columbo to figure that out."

The two letters detailing the complaints about the bungled past cases landed on the desk of city department of investigations commissioner Rose Gill Hearn in early 2003.

Hearn technically oversees the schools investigation unit (its offices are located in the same Maiden Lane building as DOI), but because of its sensitive mission it operates largely independently. Still, Hearn took the complaints seriously, assigning a pair of senior attorneys to look into them. Over the course of several months, the attorneys interviewed 10 current and former employees of Stancik's old special commissioner's office, including Loughran. During the interviews, the attorneys turned up another instance, in which a complaint about a Bronx teacher accused of sodomizing several young male students had been confirmed by the Stancik office but had somehow never been referred to prosecutors.

Those findings were in turn forwarded to Stancik's successor, Richard J. Condon, a former police commissioner who in the past headed investigative squads for the Manhattan and Queens district attorneys. When Condon took over in June 2002, he retained Loughran, bumping her up a notch to first deputy commissioner. A DOI spokesperson, Emily Gest, said the office hadn't ordered any changes or discipline for Loughran, but had "shared the facts and findings of its investigation, for Commissioner Condon to take any necessary remedial actions."

Condon said that he too took the complaints seriously, spending hours wading through old investigative files. "I was not a witness to this history," he said. "Most of these things happened years before I got here."

The standard he used in examining the cases, Condon said, was whether Loughran had had a "rational basis" for her decisions. In two instances—that of the art instructor who had shown the nude photos, and the teacher who had posed the obscene remarks to the student—Condon said he disagreed with Loughran's actions, but cautioned that even this conclusion was "probably unfair."

As for the failure to make a criminal referral in the Bronx sodomy case, Condon said the explanation was simple. "She screwed up. It happens." He noted that the office had handled a total of 1,800 cases during the period under review. Loughran also later told DOI's inquiry that she was "baffled" how she had failed to make the referral, but said if she was to blame so were her former bosses, Stancik and Robert Brenner, who served as Stancik's first deputy commissioner. (Brenner, now with the investigations firm Kroll Inc., did not return calls.)

At the end of the day, however, Condon said he chalked up the complaints to honest disagreements. "I am used to investigators and prosecutors arguing over whether cases should be prosecuted," he said.

Condon told the Daily News' Kathleen Lucadamo, who asked about the probe last month, that he considered Loughran "one of the straightest, most hardworking prosecutors I have ever worked with."

He told the Voice that he'd encountered none of the erratic behavior by Loughran described by the investigators. "I have been here three and a half years working next door to this woman and I have never seen the behavior these people describe," he said.

In a letter to DOI, however, Condon said he had changed office procedures to make sure he personally reads all complaints that come into the office and examines "every substantiated and unsubstantiated case."

Loughran, who declined to speak to the Voice, wrote Condon a lengthy defense of her actions, insisting that her decisions at the office had been "common-sense based and not capricious by any rational standard."

The investigators, past and current, remain unconvinced. "This isn't just disagreeing over cases," said one. "Yeah, there's always tension [in other investigative offices] between the investigators and the prosecutors. But it's always motivated by respect, and everyone understands they're a team. Here, you don't get that. And they're supposed to be about helping the kids."

Sunday, December 27, 2015

I believe that Winnie the Pooh is a great philosopher and has much to tell us about love, life, friendship, differences, home, and loss. He constantly defines forever in a way that any small, large, young and/or old person can understand....as a concept you must define for yourself, just like love, life and loss, which no one can define for you.

Christopher Robin and Winnie

A.A. Milne and his son, Christopher Robin

So, in dedication to my personal passion for Winnie the Pooh and all his friends, here is an article about a new book by Lindsay Mattick on this wonderful world and it's creator, A. A. Milne.

LONDON — Lindsay Mattick's
great-grandfather was on his way to fight in World War I when he bought a bear
cub he named Winnie, inspiring author A.A. Milne to create the timeless character
Winnie-the-Pooh. Now, Mattick has written a new children's book chronicling the
real-life story behind the bear.

Mattick,
37, wanted to tell her young son the peculiar tale and wrote "Finding
Winnie: The Story of the Real Bear Who Inspired Winnie-the-Pooh." The book
was published in November — just weeks before the 90th anniversary on Thursday
of the first time Milne used the name Winnie-the-Pooh in print.

"'Finding
Winnie' is a story that I have had in my head for a long time," Mattick
told The Associated Press with a warm smile that reveals her passion for this
very personal project. "I thought a picture book would be an amazing way
to share my incredible family story with my child."

The
family history goes like this: Her great-grandfather, Lt. Harry Colebourn of
Canada, bought an American black bear cub from a hunter while Colebourn was on
his way to fight in World War I in 1914. Colebourn, a veterinarian, raised the
female bear and named her after his home city, Winnipeg — or Winnie for short.
He took Winnie on the long journey by train and ship to his training camp in
England.

The
story came to light in the late 1980s, when another regiment was incorrectly
linked to the bear, which by then had been made famous by Milne's classic
childhood tales. Mattick's grandfather wanted to set the record straight.

"He
said, 'No, actually that was my Dad's bear, that was his pet,' and at that
point, he pulled out his father's diaries and photographs from the war, and
started to really share the story publicly," Mattick said.

She
is now retelling the story for a new generation. Taking inspiration from her
family's archive of photos of Colebourn and Winnie, Mattick teamed up with
illustrator Sophie Blackall to create historically accurate drawings that
capture the rare bond between the soldier and the bear cub.

But
a war zone is no place for a pet. So when Colebourn was sent to the front lines
in France, he left Winnie in the care of London Zoo.

Visitors
quickly saw that this bear was unusually gentle and kind — qualities later
reflected in Milne's writings. Children were even allowed into her enclosure,
something no zoo would consider today.

"She
became a star attraction," Mattick said. "She had a lot of visitors
because of her very friendly and well-trained nature."

Christopher Robin Milne, a young visitor who forged a friendship with the bear,
loved her so much that he re-christened his own teddy Winnie-the-Pooh. The name
"Pooh" comes from a swan also named by Christopher Robin.

The
boy's father, A.A. Milne, first published a story about a boy named Christopher
Robin and his stuffed bear Winnie-the-Pooh in the London Evening News on
Christmas Eve in 1925.

Winnie-the-Pooh
was first published as a book in October 1926 and A.A. Milne wrote several
other stories and poems about Christopher Robin and his bear's adventures. The
books and illustrations have been treasured by children — and their parents —
for generations.

Colebourn
survived the war. But, as he returned to Canada, he felt that Winnie was so
settled at the zoo that he left her there, where she remained a favorite with
visitors until her death in 1934.

___

"Finding
Winnie: The Story of the Real Bear Who Inspired Winnie-the-Pooh" was
published last month by Orchard Books, Hachette Children's Group.

After taking down dirty Albany politicians Sheldon Silver and Dean Skelos, Preet Bharara has set his sights on the city’s Department of Education.

The Manhattan US Attorney fired off a letter to the Education Department’s general counsel Monday, calling out the city’s school system for still failing — some 25 years after passage of the American With Disabilities Act — to make most elementary school buildings fully accessible to disabled children.

Bharara demands a response that will provide an “outline and timeline of corrective actions that will remedy this unacceptable state of affairs.”

“Our investigation revealed that … the City is still not fully compliant, and children with disabilities and their families are being denied the right to equal access to a public school education,” Bharara said in a statement.

In his damning 14-page letter, he wrote, “Based on the City’s own statistics

and characterizations of its schools, 83% of public elementary schools are not ‘fully accessible’ to people with disabilities and six of the City’s school

districts … do not have a single school that is ‘fully accessible’ to people with disabilities.”

Continuing to blast the troubling situation, the letter, which came after a two-year probe, added that “children with disabilities are frequently denied the experience that many of their peers take for granted…. Instead, starting in kindergarten, these children are often forced unnecessarily to travel outside of their neighborhoods to schools where there are no familiar faces.”

Bharara also wrote that “the costs of this situation are acutely illustrated, when

a parent so wants a child … in the local zoned school that the parent is willing

to go to the child’s school several times a day to literally carry the child up and down stairs.”

In response, the Education Department said that its most recent capital plan earmarked $100 million to accessibility projects.

“Our goal is to ensure that all our students have access to a high-quality education, and a student’s disability should never get in the way of their access to a great school,” said spokesman Harry Hartfield. “We are reviewing the United States Attorney’s letter and remain committed to increasing the accessibility of our school buildings.”

Kim Sweet, executive director of Advocates for Children, said the access-problem for the disabled at the city’s elementary schools has been around for too long.

“It’s exciting to see the US Attorney take action,” Sweet said. “It’s been an issue for a long time.”

Most New York City Elementary Schools Are Violating Disabilities Act, Investigation Finds

A two-year federal
investigation has concluded that 83 percent of New York City’s public
elementary schools are not “fully accessible” to children with disabilities, in
violation of the Americans With Disabilities Act.

“Nowhere is it more
important to tear down the barriers to equal access than with respect to the
education of our children,” Mr. Bharara’s office said. “But today, in New York
City, 25 years after passage of the A.D.A., children with physical disabilities
still do not have equal access to this most fundamental of rights.”

Mr. Bharara, in a brief
statement, said his office had asked the city for a response to the findings,
“including an outline and timeline of corrective actions that will remedy this
unacceptable state of affairs.”

The14-page lettergives
the city 30 days to provide a response. The investigation had not been
previously disclosed publicly.

Harry Hartfield, a
spokesman for theEducation Department,
said the department was reviewing the letter and remained “committed to
increasing the accessibility of our school buildings.”

Mr. Hartfield said that
the department had been cooperating with the investigation, and that as part of
its most recent capital plan, it had set aside $100 million for accessibility
projects.

“Our goal is to ensure
that all our students have access to a high-quality education, and a student’s
disability should never get in the way of their access to a great school,” Mr.
Hartfield said.

In the letter, which was
addressed to the department’s general counsel, Courtenaye Jackson-Chase, the
government said the disabilities law reflected a “comprehensive mandate” to
eliminate what had become pervasive discrimination against people with
disabilities, which denied them equal access to “critically important
government services and programs.”

“Our investigation found
that New York City’s elementary schools still are not ‘readily accessible to
and usable by’ individuals with disabilities,” Mr. Bharara’s office wrote, “a
population which includes not only students, but teachers and family members as
well.”

The letter described the
effect the violations had on families. Mr. Bharara’s office said that it had
spoken with one family that had gone to what the prosecutors called “extreme
measures” to keep a daughter enrolled in her local school, rather than subject
her to a lengthy commute to the closest “accessible” school.

“A parent of this
elementary school child was forced to travel to the school multiple times a
day, every school day, in order to carry her child up and down stairs to her
classroom, to the cafeteria, and to other areas of the school in which classes
and programs were held,” the government wrote.

The alternative for
children with mobility impairments was for the students to spend significant
time traveling to a school that could accommodate their physical disabilities,
the letter said.

“Requiring elementary
students with disabilities to travel extensively at the beginning and end of
each school day — a condition which is not imposed upon their peers — can
impose particularly onerous physical demands on these children,” the government
wrote.

The city had also not
complied with the requirements of the disabilities law as to alterations made
in schools since 1992, when the law went into effect, the letter noted.

In what it described as
the most “glaring example of the city’s failure,” the letter cited the
construction of an addition to a school in Queens in 2000 that was “riddled
with inaccessible features,” like an elevator that was not the proper width,
and noncompliant door knobs, bathroom “grab bars,” drinking fountains, sinks
and faucets. The school also lacked visual alarms in classrooms, as required.

“The city’s failure to
consider the needs of individuals with disabilities when upgrading and
renovating its existing facilities is inexcusable,” the government said in the
letter, which was signed by two senior lawyers in the office’s civil rights
unit, Lara K. Eshkenazi and Jeannette A. Vargas.

Mr. Bharara’s letter was
accompanied by a73-page submissionthat offered a detailed list of violations in 11 schools across
the boroughs, 10 of which the city had designated as “not accessible” and one
it described as “functionally accessible.”

But the school designated
as “functionally accessible” lacked “certain crucial accessible features,” the
letter said, “raising a serious question as to the accuracy of the city’s
categorizations.”

In each of the 11
schools, the report said, the investigation identified alterations made after
1992 that were not compliant with the A.D.A., including fire alarm systems,
door hardware, toilet partitions, cafeteria seating, main office counters,
library furniture and playground areas.

In its letter, Mr.
Bharara’s office included four pages of what it said were the “minimum actions
necessary” to remedy the violations. As an initial matter, the letter said, the
city must develop a comprehensive plan to survey all elementary schools and
recommend a systemwide remediation plan to address the lack of accessibility.

“The city should make it
a priority to increase the accessibility of the first floors of school
buildings and the rooms used by all students, teachers, parents or other
visitors to the schools,” the letter said.

The Los Angeles police department is moving toward charging celebrated teacher Rafe Esquith with one count of inappropriate touching of a juvenile,

LA School Report has learned.

The single charge could come within a few weeks after being reviewed by the city attorney and U.S. district attorney’s offices, said LAPD Captain Julian Melendez, head of the juvenile division of the police department.

“The results came from information passed on to us by the LAUSD investigation, and we conducted our own interviews and investigation,” Melendez told LA School Report.

Esquith was LAUSD’s most renowned teacher, winner of national and international awards, author of books about teaching and founder of the

That lawsuit alleges that teachers were deprived of pension and health benefits by forced resignation or unfair dismissal by the district.

Ben Meiselas of Geragos’s office denied all of the charges against Esquith and said LAUSD continues “an obvious witch hunt.” He pointed out that no student or parent has ever made any allegations against the teacher. He also said that several former students have hired attorneys and will be bringing lawsuits

against LAUSD for the harassment and abuse inflicted on them by LAUSD investigators.

Neither Meiselas nor Geragos could be reached for comment about the possible criminal charges against Esquith.

When LAPD detectives looked into the district’s allegations they found that some of the potential charges were beyond the statute of limitations, and some

of the witnesses refused to give statements, Melendez said.

Melendez said that his department would not be investigating any potential monetary fraud or inappropriate emails that were also mentioned in the

Testimonials From Some of Our Clients

“Dear Betsy,
I am forever indebted to you, Betsy, for your expert advice throughout a horrific ordeal. You worked tirelessly to prove my innocence in a 3020a proceeding that was instigated by a corrupt school district and fueled by lies. My proceedings ended with my complete exoneration, my record expunged and my immediate return to the classroom. We didn’t even need to file an appeal! Thank you, Betsy. I am now eligible to retire and enjoy the benefits you helped me to protect. God bless you and the work you do protecting the innocent
Maria G;

Alexandra F.

Dear Betsy,

I just wanted to reach out and say thank you for CONSTANTLY being there for me throughout such a tumultuous time in my life. I have been battling severe harassment at my place of work for months now, and you have advised me through every single second of it. I would not have had the strength or confidence to battle such an evil administration without your help. You have answered my phone calls from 7AM through nearly midnight with any and all of my concerns. I have called you countless times to just vent, or even cry, and you have been there with open arms to pivot my negative anticipations into positive advocacy. You have gone above and beyond your line of duty to help me, and for that, I can never repay you. You have changed the outcome of my life, and led me to justice. More importantly, you have led me to happiness again, for which I am eternally grateful. As I am getting older, I am realizing that there are many bad people in this world, but you are TRULY one of the good ones. When one finds a great person in life with their true best interest at heart, they should hold onto that and take their word as bond. My last statement truly defines you, an expert in what you do, as well as a 24 hour support system. You are amazing Betsy, and my life would truly not be the same if you had not stepped into it!!!!!

Thank you again for EVERYTHING you have done for me. Your advisement and care will be carried in my heart for the rest of my life.

Alexandra F.

Tollyne D.

After 18 years of service, the general consensus as a union member is that you cannot trust people and you have to be extremely careful who you talk to. I was brought up being told that I should be sure that the person I am speaking to is knowledgeable and to be TRUSTED, and Betsy Combier is such a person. She consistently proves that she is trustworthy, very knowledgeable and caring, time and time again.

Tollyne D.

David P.

To whom this may concern,
I want to recommend Betsy Combier as the best person you could have in your corner. From the first day I met Betsy I felt secure. I had the misfortune of having to go through a 3020a hearing and with help of Ms. Combier my job was secure, I don’t know where I would be without Betsy’s help and support. She is still assisting me with my federal case. I could not recommend Betsy any higher, she is a person of her word, and her expertise is important and necessary for everyone without any problem.
David P.

Jason R.

I met Betsy Combier approximately about 5 years ago, as a result of a recommendation from a colleague. Since then she has been an advocate of mine ever since, and has worked above and beyond my expectation. Betsy fights against the wrongdoing of public education officials in New York City. Throughout the extremely difficult arbitration, Betsy fought for my unalienable rights, even though my former principal did everything in her power to tarnish my name and damage my career.
Betsy is not an attorney yet she has the experience and knowledge that is above and beyond that of an attorney and follows through on all issues. She is truly an angel from heaven above, and a quality public defender.

Laura B.

I was charged with a 3020A in October 2016 after receiving three developing ratings in a row. I called numerous law firms as well as my union. Most people who I talked to said that I should settle because I was fighting a losing battle. A lawyer told me that anyone that says you can win a 3020A is a liar. I heard about Betsy from a teacher placed in my building who was going through the 3020A process. I hired Betsy and one of the Attorneys who works with her and her company, and won my case! Betsy saved my job and saved my life because she was emotionally supportive at a time when I needed it the most. Betsy goes above and beyond for her clients. She is readily available day and night for her clients. Betsy’s knowledge of education law is exceptional and she was a great help to my attorney. Betsy is relentless and fights hard for her clients.

ADVOCATZ

Contact me with a concern or issue

I assist anyone who needs help, so email me your problem to start the ball rolling! I am a teacher/parent advocate, and I am the editor/writer for this blog and the website parentadvocates.org. I also write about court corruption on my blog "NYC Court Corruption". I am interested in random injustice and the criminalizing of innocent people. If you want to chat you may email me at: betsy.combier@gmail.com and I'm on twitter and have a facebook page too. I'm not an attorney and do not give legal advice.

If you want to talk with me about your 3020-a charges, I consult and go over your case without charge. No fee.

And, in response to the lies of certain individuals who resent my work, the truth is that all conversations are confidential and I do not tape secretly.

Betsy Combier

My Thoughts and Raison d'etre

This blog is about the denial of Constitutional rights by the Mayor, the New York City Department of Education and the Chancellor, New York State and Federal Courts, New York State legislature, and the United Federation of Teachers (UFT), as well as PACs and all parties participating in the business of public school education in New York City, to harm and in neglect of parents, children, and staff of public schools in the five boroughs. These thoughts are not simply mindless conclusions reached out of thin air, but a result of 14 years of research into the NYC DOE and the Courts as a reporter and paralegal.
I am an advocate of Unions and union rights, public schools and charters, and learning online as well as outside of the classroom. I cannot and do not support anyone, whether they be union management, government, private members of the political or legal system, or simply retired teachers with an agenda, if he or she tramples, discards, or rebuffs anyone's individual civil rights. As a reporter, journalist, advocate, researcher and paralegal, I have created this blog to inform the public about my experience working for the UFT and being the parent of four daughters who went through the public school system in NYC, as well as examine issues that flow from the massive denial of due process rights that I saw and have documented. The two most important points you should remember: first, everyone at the New York City Board/Department of Education and all Union bigs are motivated by power and money, and looking good. If anyone dares to blow the whistle on these racketeers, retaliation follows, so be a strategist; second, I am not an Attorney and nothing I write or say is legal advice, simply my thoughts. Take 'em or leave 'em.
Betsy Combier, Editor
NYC Rubber Room Reporter
http://nycrubberroomreporter.blogspot.com
New York Court Corruption
http://newyorkcourtcorruption.blogspot.com
Parentadvocates.org
http://www.parentadvocates.org
Facebook: http://www.facebook.com/betsy.combier
Twitter: http://twitter.com/BetsyCombier
The NYC Public Voice
http://nycpublicvoice.blogspot.com/betsy.combier@gmail.com
Lawline July 27, 2011
http://www.teachem.com/lawlinetv/learn/lawline-tv-teachers-unions-the-last-in-first-out-rule/

Principal Anne Seifullah changes her image so that she can keep her job amidst sexting and trysts in the school, Robert Wagner Secondary Sch...

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FAITH

When we walk to the edge of all the light we have and take the step into the darkness of the unknown, we must believe that one of two things will happen. There will be something solid for us to stand on or we will be taught to fly. Patrick Overton

Truth Seeks Light - Lies Seek Shadows

sayin like it is

Actions Have Consequences

Writing as Music

Rubber Room teachers wish me a happy birthday (2006)

"Educating the mind without educating the heart is no education at all."

- Aristotle

Important Numbers

Amy Arundel (ATR Point Person) 212-510-6468

UFT www.uft.org

OPI (Problem Code) 1-718-935-2666

UFT Certification Services 1-212-420-1830

Teachers REtirement System 1-888-869-2877

Mandated Reporters 1-800-635-1522

Staten Island UFT 1-718-605-1400

Brooklyn UFT 1-718-852-4900

Bronx UFT 1-718-379-6200

Manhattan UFT 1-212-598-6800

Queens UFT 1-718-275-4400

Rubber Room Satire

The Labor Movement

The Teaching Equation

We Can Work Out Our Differences

The E-Accountability Foundation

The E-Accountability Foundation brings you this blog which highlights issues that have or should be read by people interested in civil rights, and accountability. The E-Accountability Foundation is a 501(C)3 organization that holds people accountable for their actions online and, through the internet, seeks to bring justice to anyone who has been harmed without reason. We give the'A for Accountability' Awardto those who are willing to blow the whistle on unjust, misleading, or false actions and claims of the politico-educational complex in order to bring about educational reform in favor of children of all races, intellectual ability and economic status.

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Performance Management - Office of Labor Relations

From Betsy Combier

The NYC Office of Labor Relations, with the support of the UFT, has issued to principals a document called"Performance Management" on how to get rid of an incompetent teacher. Who is an "incompetent teacher"? Anyone the NYC Department of Education wants to remove from the system because he/she is too senior (makes too much money), is disabled (and therefore cannot be deemed factory-perfect) and/or is other impaired (is a whistleblower, cannot be intimidated, is ethnically challenged - not the 'right' race, etc).

Candace R. McLaren

Director, Office of Special Investigations (OSI)

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Polo Colon

"Rubber Room"

(1) a space where a worker subject to a disciplinary hearing or other administrative action waits and does no work; generally, a place or personal mind-set of isolation.(2) a literal reference to a padded cell, which is, according to the New Oxford American Dictionary, “a room in a psychiatric hospital with padded walls to prevent violent patients from injuring themselves.”from Double-Tongued Dictionary http://www.doubletongued.org/index.php/dictionary/rubber_room/

"Rubberization"

The word "rubberization" is a new word that is used to describe the process of assigning and paying people to sit and do nothing in a drab room away from their place of employment while their employers make up charges that allege sexual or corporal misconduct without any facts upon which to base the allegation on.

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Theresa Europe, NYC BOE ATU Director

Robin Greenfield

Deputy Counsel to the NYC DOE

UFT Pres. Mike Mulgrew and NYC Mayor Mike Bloomberg

UFT umbrella pals

New York State Supreme Court Judge Manuel Mendez

ATR CONNECT

Tenured Teachers who are found to be guilty of misconduct or incompetency at 3020-a but are not terminated, who have blown the whistle on the misconduct of politically favored NYC Department of Education employees, and/or who are simply disliked for any reason can suddenly find themselves in the ATR ("Absent Teacher Reserve") pool - employees without rights or voices, and without chapter leader union representation.

This new group of people are the "new" rubber roomers without representation at the UFT and denied the protection of the Collective Bargaining Agreement, because basically they have been pushed out of their jobs unfairly and under color of law by Mayor Bloomberg and the Chief Executives of the Department of Education who call themselves "Chancellors", "Network Leaders", "Superintendents", etc., consistently without any facts or evidence to support the false claims.

A group of teachers who are, or were, made into ATRs, ATR Polo Colon, and I, Betsy Combier, an advocate for transparency and labor/employment rights, have joined together to expose the denial of due process, civil and human rights by chiefs of the NYC Department of Education (NYC DOE), certain arbitrators at 3020-a, leaders of the United Federation of Teachers (UFT), the "investigators" -agents who work for the Special Commissioner of Investigation (SCI), Office of Special Investigation (OSI), and the Office of Equal Opportunity (OEO) - and the Attorneys who work for the New York United Teachers (NYSUT), and the New York Law Department (Corporation Counsel).

In order to protect the safety of those who join this group to promote an end to the "Rubberization" process described on this blog since 2007, names of those who tell their stories will, for now, remain anonymous if the person so desires, and Polo and I will be the gatekeepers. So if you are an ATR, or know a story involving an ATR or someone re-assigned or about to go into a 3020-a, please use the email address advocatz77@gmail.com and give us your contact information. We will protect your anonymity and hold onto your privacy.

Betsy Combier and Polo Colon, Editors

FAITH When we walk to the edge of all the light we have and take the step into the darkness of the unknown, we must believe that one of two things will happen. There will be something solid for us to stand on or we will be taught to fly.

Patrick Overton

We have forty million reasons for failure but not a single excuse.Rudyard Kipling (1865-1936)

The Re-Assignment Overview by Betsy Combier

The New York City Board of Education decided in 2002 to rid the public school system of staff who interfered with their takeover and control. The criteria for a "good teacher" is now, more often than not, a "silent teacher", a person who never asks questions, is younger than 40, is making a salary below $50,000, does not care about kids and what they learn, or whether or not money (books, supplies, equipment, etc) is missing. When a teacher or staff member of a school dares to do the right thing and speaks out about wrong-doing - this person is often called a "whistleblower" or "flamethrower" - or, simply is not liked for any reason by the Principal/NYC personnel, suddenly he/she is accused of something by somebody ("given a label of "A", "B", "C", and so on) and whisked away to a drab room called a temporary re-assignment center or "rubber room". Members of the offices of the Special Commissioner of Investigation or the Office of Special Investigations then start work on building a case against the person to justify their being thrown in prison, declared "unfit for duty", or, as Mr. Joel Klein has said, characterized as "guilty of sexual activities and corporal punishment" against the children of New York City.The stories of the people I have met who sit every day in the 8 rubber rooms of NYC prove to me that Mr. Klein is very wrong about his assessment, and this blog is created to prove it to you.

Puppy Snooze

US Department of Labor ELAWS

Aeri Pang, Gotcha Squad Attorney

Attorney Pang, red dress, now chief Attorney For New York State Supreme Court Judge Cynthia Kern

New York State Supreme Court Judge Cynthia Kern

NYC EdStats You Can Use

$12.5 billion: Annual New York City Department of Education (DOE) budget (2002)

$21 billion: Annual New York City DOE budget (2009)
1,719: Number officials employed by the DOE central administration in June 2002

2,442: Number of officials employed by the central administration as of November 2008

2: Number of DOE officials earning more than $180,000 per year in 2004.

22: Number of DOE officials earning more than $180,000 per year in 2007.

5: Number of DOE public relations staffers in 2003.

23: Number of DOE public relations staffers in 2008.

944: Number of contracts approved by DOE in 2008, at a total cost of $1.9 billion.

20: Percentage of contracts that exceeded estimated cost by at least 25 percent.

$67.5 million: Annual budget of Project Arts, a decade-old program that was the sole source of dedicated funding for arts education. It was eliminated in 2007.

86: Percentage of principals who said in a 2008 poll that they were unable to provide a quality education because of excessive class sizes in their schools.

100,000: Number of seats DOE plans to provide for charter school students by 2012.

25,000: Number of seats DOE plans to build under 2010 to 2014 capital plan.

66,895: Number of K-3 school-children in classes of 25 or more during the 2008-09 school year.

15,440: Average number of seats per year built during the last six years of the Rudolph Giuliani administration.

10,895: Average number of seats per year built during the first six years of the Bloomberg administration.

27.2: Percentage of newly hired teachers in 2001-02 who were Black.

14.1: Percentage of newly hired teachers in 2006-07 who were Black.

53.3: Percentage of newly hired teachers in 2001-02 who were white.

65.5: Percentage of newly hired teachers in 2006-07 who were white.

76: Percentage of white and Asian students who performed better than the average Black and Latino students in 8th grade English Language Arts (ELA) in 2003.

75: Percentage of white and Asian students who performed better than the average Black and Hispanic students in 8th grade ELA in 2008.

77: Percentage of white and Asian students who performed better than the average Black and Hispanic 8th graders in math in 2003.

81: Percentage of white and Asian students who performed better than the average Black and Hispanic 8th graders in math in 2008.

54: Percentage of New York City public school parents who disapproved of Mayor Bloomberg’s handling of education, according to a March 2009 Quinnipiac poll.

Sources: New York City Council, New York City Comptroller’s Office, New York Daily News, New York Post, Eduwonkette, Quinnipiac Institute, Black Educator, Class Size Matters, New York City Schools Under Bloomberg and Klein.

Betsy Combier and NYSUT lawyer Chris Callagy

The New York City Whistle Award

NYC Whistlers, Winners of the NYC Whistle Award

...are those individuals in New York City who are willing to whistleblow unjust, misleading, or false actions and claims of the politico-educational complex in order to bring about educational reform in favor of children of all races, intellectual ability and economic status. Whistlers ask questions that need to be asked, such as "where is the money?" and "Why does it have to be this way?" and they never give up.

These people have withstood adversity and have held those who seem not to believe in honesty, integrity and compassion accountable for their actions.

Congratulations, and keep up the good work!

Betsy Combier

Special Commissioner of Investigation Richard Condon

Condon "qualified" for his current post after Bloomberg lowered standards; who will leash him?

A great teacher

After being interviewed by the school administration, the prospective teacher said: 'Let me see if I've got this right.

'You want me to go into that room with all those kids, correct their disruptive behavior, observe them for signs of abuse, monitor their dress habits, censor their T-shirt messages, and instill in them a love for learning.

'You want me to check their backpacks for weapons, wage war on drugs and sexually transmitted diseases, and raise their sense of self esteem and personal pride.

'You want me to teach them patriotism and good citizenship, sportsmanship and fair play, and how to register to vote, balance a checkbook, and apply for a job 'You want me to check their heads for lice, recognize signs of antisocial behavior, and make sure that they all pass the final exams.

'You also want me to provide them with an equal education regardless of their handicaps, and communicate regularly with their parents in English, Spanish or any other language, by letter, telephone, newsletter, and report card.

'You want me to do all this with a piece of chalk, a blackboard, a bulletinboard, a few books, a big smile, and a starting salary that qualifies me for food stamps. 'You want me to do all this and then you tell me. . . I CAN'T PRAY?

NYC Police Commissioner Ray Kelly

Joel Klein's famous statement about rubber room teachers and staff

On November 27, 2006, temporarily re-assigned teacher (TRT) Polo Colon asked Joel Klein, the "pretend" Chancellor of the NYC public school system, if he had voted to terminate teachers at the secret Executive Session held just before the public meeting of the Panel For Educational Policy.Mr. Klein answered,"We did not vote to terminate you. We did vote to terminate a teacher in executive Session...in fact, we voted to terminate two teachers. It's perfectly consistent with the law.Many teachers have been charged with sexual activities and some are charged with corporal punishment...I have no interest in removing people who are qualified to teach, I can assure you, because I dont get any return...and in fact, I have complained publicly about how long this process drags out. But our first concern will always be and, as a former lawyer and somebody who clerked on the United States Supreme Court I will tell you, there is no violation of due process whatsoever..."- extracted from the audiotape of the PEP meeting bought by Betsy Combier after filing a FOIL request to the NYC BOE

Rally November 2008 at Tweed

November 26, 2007 Candelight Vigil

Thousands of teachers and school staff members rally at Tweed

A Review of Battling Corruption in America's Public Schools by Betsy Combier

Lydia Segal's book puts the NYC, Chicago, and California Departments of Education on notice....we who have read this book know more about how the system is not there for our kids than "you" want us to know. Lydia Segal's book Battling Corruption in America's Public Schools changes the public school reform movement forever. We can no longer assume that more money allocated to our schools will "fix" the disaster that is our public school system.

Lydia Segal draws on her 10 years of undercover investigation and research in over five urban school districts, including the three largest, New York City, Los Angeles, and Chicago, and the two most decentralized, Houston and Edmonton, Canada, to provide, in her new book Battling Corruption in America's Public Schools, the details of the corruption, theft, fraud, and patronage that has overrun our public school establishment for several decades. There is no question that anyone who is interested in school reform -this means anyone who pays taxes, is a parent or guardian of a child attending school and/or who works toward a goal of establishing an education system that puts children first - must read this book. Ms. Segal's research and information on the education establishment's 'dark' side outrages the reader, and incites us to demand change. Her book therefore, is much more than a book, it is a call to action. We cannot be bystanders any longer to the systemic abuse she so vividly describes, and we will never be able to listen in the same way ever again to school Principals, Superintendents, school custodians or district board members as they request more money "to help the children."

The book's detailed reports on the corruption and crime in our public schools, supported by 52 pages of interview notes, references and specific examples, provide irrefutable evidence that the current failures of our nation's public schools are not due to the lack of money but the impossibility of getting the money to the children who need it and for whom the money is allocated in the first place. Recent statistics show that students of all ages are not learning what they need to know, schools are overcome with violence, teachers are demoralized, and yet billions of dollars are literally shovelled into the system every year. The New York City school system receives more than $16 billion every year; Los Angeles, $7 billion; and Chicago, $3.6 billion. Where does this money go? We have all asked this question as we have walked through school hallways dodging the paint falling off the walls and ceilings, watching our children sitting on broken chairs, using bathrooms without running water or toilet paper, and struggling to achieve their personal best without the services and resources they are supposed to have. Battling Corruption in America's Public Schools is the first book ever to systematically examine school waste and corruption and how to fight it. Ms. Segal, an undercover school investigator turned law professor, documents where the money goes, how waste and fraud embedded in the operation of large school bureaucracies siphon money from classrooms, distort educational priorities, block initiatives, and what we can do to bring badly-needed change. She describes in detail how only a small percentage of the money allocated to students in our public schools actually gets used by them due to corruption and waste, and how city school systems scoring lowest on standardized tests tend to have the biggest criminal records and most payroll padding. Coding problems, the procurement process, compartmentalization and opacity of information leave administrators with only two options: good corruption (which ultimately helps the kids) and bad corruption (which never helps anyone but the perpetrator and his/her allies and accomplices). Indeed, the system fights those who try the good corruption route.

Ms. Segal argues that the problem is not usually bad people, but a bad system that focuses on process at the expense of results. Decades of rules and regulations along with layers of top-down supervision make it so hard to do business with school systems that they encourage the very fraud and waste they were designed to curb. She tells us about how the "godfathers" and "godmothers" (the school board members) obtain jobs for their "pieces" in order to protect the systemic waste and fraud from being dismantled or exposed. Fortunately, she writes, there are good people involved in the corruption as well who must violate the rules in order to get their jobs done. Nonetheless, absurdities abound: school systems following rules to save every penny spend thousands of dollars hunting down checks as small as $25; it takes so long to pay vendors for their work that some have to bribe school officials to move their checks along; caring Principals who want to fix leaky toilets may have to pay workers under the table because submitting a work order through the central office could, and often does, take years. Meanwhile, those who pilfer from classrooms get away with it because the pyramidal structure of large districts makes schools inherently difficult to oversee. What makes Battling Corruption in America's Public Schools a must-read is not only the fascinating - and depressing - details of the systemic wrong-doing but also Ms. Segal's suggestions for reform, based on the proven track records of school systems across North America that have successfully reduced waste and fraud and have pushed more resources into schools.

The pathology of the corruption suggests the remedy, Ms. Segal says, which is decentralization of power into the schools and the hands of the Principals. Distilling what successful school systems have done, Segal advocates new forms of oversight that do not clog up school systems and recommends giving principals more discretion over their school budgets as well as holding them accountable for job performance. She argues for "autonomy in exchange for performance accountability" as part of a bold, far-reaching plan for reclaiming our schools. Her conclusion is logical and convincing. Everyone who reads this book will find his or her perception of public school education changed forever. We cannot accept any longer that a generation of children has been abused by a system that is so full of greed and corruption without screaming "stop!" and "Your game is up!"

Segal reveals how systemic waste and fraud siphon millions of dollars from urban classrooms and shows how money is lost in systems that focus on process rather than on results, as well as how regulations established to curb waste and fraud provide perverse incentives for new forms of both. Anyone who is interested in school reform--this means anyone who pays taxes, is a parent or guardian of a child attending school, and/or who works toward a goal of establishing an education system that puts children first--must read this book. --

Lydia G. Segal is Associate Professor of Criminal Law and Public Administration at John Jay College of Criminal Justice, City University of New York.